A medical negligence case is, simply, a claim for
compensation arising out of injuries suffered in the provision of
medical services by a medical practitioner, allied health
professional or a hospital. Medical negligence law is both a
complex and sophisticated area. Establishing negligence can be akin
to finding a needle in a haystack and therefore every case must be
managed with certain skill.
In each case, expert evidence must accompany the pleadings at
the time of filing the documents (Uniform Civil Procedure Rules
2005 (NSW) r 31.36). Unlike a typical personal injury matter, in
medical negligence, you run a risk by proffering res ipsa
loquitur for the purpose of proving negligence on elements of
alleged negligence in the case because questions in medicine can be
obscure and therefore necessitate expert analysis. In matters of
large value, spending money on both liability and quantum evidence
is justified in circumstances where most of the plaintiff's
costs can be
